Page:Bedtelyon v. State (2022).pdf/5

		performance, taken as a whole, appeals to the prurient interest in sex;
	(2)	The matter or performance depicts or describes, in a patently offensive way, sexual conduct; and
	(3)	The matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Ind. Code § 35-49-2-1 (Obscenity Statute). Sexual conduct is defined by statute to mean:

	(1)	Sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5);
	(2)	exhibition of the uncovered genitals in the context of masturbation or other sexual activity;
	(3)	exhibition of the uncovered genitals of a person under sixteen (16) years of age;
	(4)	sado-masochistic abuse; or
	(5)	sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with an animal.

Ind. Code § 35-49-1-9 (Sexual Conduct Statute). “‘Other sexual conduct’ means an act involving: (1) a sex organ of one … person and the mouth or anus of another person; or (2) the penetration of the sex organ or anus of a person by an object.” Ind. Code § 35-31.5-2-221.5.

[8]Finally, this Court has acknowledged that the word “depict” can mean “to form a likeness of by drawing or painting … to represent, portray, or delineate in other ways than in drawing or painting.” Fordyce, 569 N.E.2d at 364 (quoting